ML19345D985
| ML19345D985 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 12/09/1980 |
| From: | Stephen Burns, Cyr K NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19345D986 | List: |
| References | |
| NUDOCS 8012220322 | |
| Download: ML19345D985 (4) | |
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A UNITED STATES OF AMERICA y
NUCLEAR REGULATORY COM"ISSION y
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BEFORE THE ATOVIC SAFETY ann LICENSING BOARD In the Matter of
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DAIRYLAND POWER COOPERATIVE Docket No. 50-409-SC (La Crosse Boiling Water J
Reactor)
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(Order to Show Cause) t NRC STAFF ANSWER IN SUPPORT OF LICENSEE'S MOTION FOR SU""ARY DISPOSITIO';
On November 14, 1980, Dairyland Power Coooerative, in accordance with the Board's Orders of October 20, 1980 and Novenber 10,1980, filed a motion for sumary disposition of the "two issues with respect to which Dairyland was ordered to show cause in this proceeding" and for a " decision by the Licensing Board in Dairyland's favor as to all matters currently pending before the Licensing Board in this proceeding which fall within the scope of the Order to Show Cause." E The Staff also filed a motion for summary disposition in the affimative on wt.at it views as the basic issue in this pro-ceeding - whether for an earthquake up to magnitude 5.5 with a peak ground 1-acceleration of.12g or less, the soils under oile-supported structures at the LACBWR site are safe against liquefaction.
The Staff has reviewed the " Licensee's Statement of Material Facts as to Which There Is No Genuine Issue to Be Heard" and the Affidavits of Mysore S. Nataraja and John D. Parkyn, which were attached to the licensee's motion for summary disposition.
On the basis of that review, the Staff has detemined, 1/
Licensee's Motion for Sumary Disposition, November 14,1980, at 1.
8012220 G
3 2,2--
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-2 that with the exception noted below, the Staff and the licensee are in agree-ment that no genuine issue of ma terial fact exists with regard to the issues within the scope of the Order to Show Cause currently pending before the Licensing Board in this proceeding. 2_/ The supporting affidavit of John T. Greeves is attached.
The ratter with which the Staff is not in a position to agree with the licensee is the status of the Genoa-3 stack, which is adiacent to the LACBt'R site.
The Genoa-3 stack was not one of the concerns which led the Director of NRR to issue the Order to Show Cause to Dairyland Power Cooperative in February 1980.
Possible concerns about the status of the Genoa-3 stack were brought to the attention of the NRC Staff in August 1980.
The results of the borings referred to by the licensee in its Statement of Material Facts (Nos. 8 and 9) have only recently been formally submitted to the NRC for review. 3_/
Until completion of review of the licensee's repcrt on the Genoa-3 stack, the NRC Staff can neither agree nor disagree with the licensee's Statement of Material Facts Nos. 8 and 9. N In any event, the status of the Genoa-3 stack has no bearing on whether or not a dewatering system should be installed at the LACBWR site, nor would installation of such a system at the LACBWR site have 2/
By Memorandum and Order, dated November 17, 1980, the Atomic Safety &
Licensing Appeal Board found, on the auestion certified to it by the Licensing l
Board on September 30, 1980, that the Licensing Board had authority to inquire i
into the extent of the seismic hazard at the La Crosse site as it relates to l
the need for installation of a site dewatering system.
Dairyland Power l
Cooperative, (La Crosse Boiling Water Reactor), ALAB-618,12 NRC (November 17, 1980). The licensee's petition for review of that Appeal Board decision is currently pending before the Commission.
3]
Letter from F. Linder, Dairyland Power Cooperative to D. Crutchfield, NRR, i
dated December 4,1980, submitting a Dames & Moore Report, " Liquefaction l
Potential Under Genoa-3 Stack Adjacent to La Crosse Boiling Water Reactor l
(LACBWR) Near Genoa, Vernon County, Wisconsin" (October 1980).
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The licensee uses the phrase "other key structures" several times in its Motion.
To the extent that phrase may be read to refer to other than pile-supported structures at the LACBWR site, the Staff does not agree with any statements about those other structures.
any effect on the Genoa-3 stack.
CONCLUSION Based on the foregoing and the reasons previously set forth in the Staff's Motion for Summary Disposition, the Staff submits that no genuine issue exists as to any naterial fact relating to the basic issue in this proceeding. Summary disposition in favor of the Staff and the licensee should be granted on the issue with the finding that for an eartFquake up to magnitude 5.5 with a peak ground acceleration of.129 or less, the soils under pile-supported structures at the LACBWR site are safe against liquefaction.
Respectfully submitted 2%
Stephen G. Burns Counsel for NRC Staff M
Kareh D. Cyr
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Counsel for NRC Staff Attachments:
Appendix Affidavit of John T. Greeves Dated at Bethesda, Maryland, this 9th day of December,1980.
APPENDIX While the Staff does not believe that the following facts are material to resolution of any issue within the scope of this proceeding, the Staff cannot agree, at this time, that there exists no issue to be heard regarding these facts.
1.
Liquefaction analyses performed by Dames & Moore show that the factors of safety against the occurrence of liquefaction at the Genoa-3 plant site in the event of an earthquake producing a peak ground acceleration of 0.12g were greater than the norrally accepted minimum factor of safety.
2.
The results of additional soils investigations and boring programs with regard to the Genoa-3 plant stack demonstrate that there is adequate assurance that the soils beneath the Genoa-3 stack will not liquefy in the event of an earthquake with a peak ground acceleration of 0.129
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